McAllister calls latest suit 'fabrication'

Bluffton Police Chief David McAllister called a recent lawsuit that accuses him of initiating a shoving match with an officer a “fabrication.”

The alleged April 2011 shoving match capped off a falling out that started when officer Christian Gonzales, the plaintiff, asked for a transfer from a McAllister favorite, according to a June 13 filing in the Beaufort County Court of Common Pleas that names Bluffton, Town Manager Anthony Barrett, and McAllister as defendants. It's one of three suits from Bluffton officers still active in the court system.

Gonzales claims the town, under the direction of Barrett, botched the investigation into the confrontation, unfairly suspending and demoting him when the flawed inquiry turned up nothing while keeping officers silent through fear of reprisal.

McAllister, who leaves Aug. 1 for a job at a private security firm in Atlanta, called the entire case “absolutely untrue,” questioning Gonzales’ motives. McAllister's six-year tenure saw major advances in the force’s overall organization, including national accreditation, but at times was dogged by complaints within the ranks.

The town called the claim of a physical confrontation “unfounded” in a statement while Gonzales alleges footage of the incident was suppressed by an officer who feared retaliation for turning over the tape.

Gonzales says mistreatment followed the incident, and eventually he reported it along with the altercation to Barrett. But witnesses interviewed by town attorney Terry Finger feared retaliation because they knew him to be friends with McAllister, argues Gonzales’ attorney in court documents.

McAllister questioned that claim, saying, “Terry Finger is a man with the highest level of honor I have ever met.”

“I’m not buying any of that argument,” he added. “This is an employee who apparently didn’t get what he wanted and said, ‘Hey, I can use the court system to settle my differences and make a bit of money.’”

In a news release the town said those interviews turned up nothing, but the suit claims Finger reported to Barrett that there was evidence of “contact” between McAllister and Gonzales but Barrett ignored those findings.

Finger could not be reached to verify that claim. Barrett on Friday directed further questions to Finger.

Before suspending then demoting Gonzales from senior sergeant in September 2011 for reporting “unfounded” allegations, Barrett delivered a poem and a story to officers about farm animals “telling the truth and gossiping,” going on to explicitly deny accusations swirling around the chief about drinking and driving, an extra-marital affair, a groundless demotion, and the April 2011 shoving match, according to the suit.

The incident ended with Barrett advising the officers to stop spreading lies and return to work, according to the suit.

In its news release, the town called it “unfortunate” that Gonzales would stoop to dredging up baseless allegations long since debunked.

“Including those irrelevant and baseless allegations in this lawsuit is a blatant attempt to do nothing more than subject the Police Department, the Police Chief and the Town Manger, to public ridicule and humiliation,” the statement reads. “It is unfortunate that Mr. Gonzales has chosen such a course of action after the Town chose not to fire him after his ‘shoving’ allegations were found to be meritless.”

Gonzales fought the action through a grievance structure enacted after a flurry of complaints against McAllister arose in 2009, but a panel of employees selected by Barrett upheld the demotion. Under the policy the panel makes recommendations to the town manager, who is free to reject those findings. Gonzales presented no witnesses at his grievance hearing, according to the town.

In its claim of gross negligence on the part of the town, the suit argues Barrett was aware of at least 12 previous complaints of “harassment, favoritism, and other misconduct” lodged against McAllister.

Bluffton Today requested those complaints under the Freedom of Information Act on May 30 but has not yet received a formal response, which is required within 15 days under state law.

The suit further alleges that Barrett “knew or should have known” in 2011 about other pending lawsuits involving the chief.

Lt. Katherine Sours, hired in 2006 at least in part to help the force reach national accreditation, won $236,000 from a wrongful termination suit and a discrimination suit, which was settled in April. Two other suits from McAllister’s officers await action in federal court.

The new suit formally charges the town or its officials with gross negligence in the handling of Gonzales’ complaint and his subsequent demotion as well as defamation, whistleblower retaliation, civil conspiracy, and civil battery.

Gonzales' attorney, James Ashley Twombley of Beaufort, said it would be improper to discuss pending litigation.